[Federal Register: April 7, 2006 (Volume 71, Number 67)]

[Rules and Regulations]

[Page 17698-17699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap06-4]
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-23674; Directorate Identifier 2005-NM-234-AD; Amendment 39-14545;

AD 2006-07-18]

RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-

120, -120ER, -120FC, -120QC, and -120RT Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for certain Empresa
Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-120, -120ER, -120FC, -120QC, and -
120RT airplanes. This AD requires a one-time inspection of the interior of the internal elevator
torque tube of each elevator control surface for oxidation and corrosion, and corrective actions. This
AD results from corrosion in torque tubes of the elevators found during scheduled maintenance. We
are issuing this AD to detect and correct corrosion in the torque tubes of the elevators, which could
lead to an unbalanced elevator and result in reduced controllability of the airplane.

DATES: This AD becomes effective May 12, 2006.

The Director of the Federal Register approved the incorporation by reference of a certain
publication listed in the AD as of May 12, 2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at
the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW.,
Nassif Building, Room PL-401, Washington, DC.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343–CEP 12.225, Sao
Jose dos Campos–SP, Brazil, for service information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,

International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056; telephone (425) 227-1175; fax (425) 227-1149.

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SUPPLEMENTARY INFORMATION:

Examining the Docket

You may examine the airworthiness directive (AD) docket on the Internet at http://dms.dot.gov
or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647-5227)
is located on the plaza level of the Nassif Building at the street address stated in the ADDRESSES
section.

Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include
an AD that would apply to certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model
EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. That NPRM was published in the
Federal Register on January 25, 2006 (71 FR 4075). That NPRM proposed to require a one-time
inspection of the interior of the internal elevator torque tube of each elevator control surface for
oxidation and corrosion, and corrective actions.

Comments

We provided the public the opportunity to participate in the development of this AD. We
received no comments on the NPRM or on the determination of the cost to the public.

Conclusion

We have carefully reviewed the available data and determined that air safety and the public
interest require adopting the AD as proposed.

Costs of Compliance

This AD will affect about 108 airplanes of U.S. registry. The required actions will take about 3
work hours per airplane, at an average labor rate of $65 per work hour. Based on these figures, the
estimated cost of this AD for U.S. operators is $21,060, or $195 per airplane.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety.
Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in subtitle VII, part A, subpart III,
section 44701, ''General requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices,
methods, and procedures the Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses an unsafe condition that is likely
to exist or develop on products identified in this rulemaking action.

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Regulatory Findings

We have determined that this AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States, on the relationship between the
National Government and the States, or on the distribution of power and responsibilities among the
various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ''significant regulatory action'' under Executive Order 12866;
(2) Is not a ''significant rule'' under DOT Regulatory Policies and Procedures (44 FR 11034,
February 26, 1979); and
(3) Will not have a significant economic impact, positive or negative, on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it
in the AD docket. See the ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part
39 as follows:

PART 39–AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new
airworthiness directive (AD):

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AIRWORTHINESS DIRECTIVE

Aircraft Certification Service U.S. Department

Washington, DC of Transportation
Federal Aviation
Administration
www.faa.gov/aircraft/safety/alerts/
The following Airworthiness Directive issued by the Federal Aviation Administration in accordance with the provisions of Title 14 of the Code of Federal Regulations (14 CFR) part 39,
applies to an aircraft model of which our records indicate you may be the registered owner. Airworthiness Directives affect aviation safety and are regulations which require immediate
attention. You are cautioned that no person may operate an aircraft to which an Airworthiness Directive applies, except in accordance with the requirements of the Airworthiness
Directive (reference 14 CFR part 39, subpart 39.3).

2006-07-18 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39-14545.

Docket No. FAA-2006-23674; Directorate Identifier 2005-NM-234-AD.

Effective Date

(a) This AD becomes effective May 12, 2006.

Affected ADs

(b) None.

Applicability

(c) This AD applies to EMBRAER Model EMB-120, -120ER, -120FC, -120QC, and -120RT
airplanes, certificated in any category; as identified in EMBRAER Service Bulletin 120-55-0015,
dated January 14, 2005.

Unsafe Condition

(d) This AD results from corrosion in torque tubes of the elevators found during scheduled
maintenance. We are issuing this AD to detect and correct corrosion in the torque tubes of the
elevators, which could lead to an unbalanced elevator and result in reduced controllability of the
airplane.

Compliance

(e) You are responsible for having the actions required by this AD performed within the
compliance times specified, unless the actions have already been done.

Detailed Inspection and Corrective Actions

(f) Within 4,000 flight hours or 730 days after the effective date of this AD, whichever is first:
Do a detailed inspection of the interior of the internal elevator torque tube of each elevator control
surface for oxidation and corrosion, and the applicable corrective actions, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of EMBRAER Service Bulletin 120-
55-0015, dated January 14, 2005. The corrective actions must be done before further flight after
accomplishing the inspection.

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 Note 1: For the purposes of this AD, a detailed inspection is: ''An intensive examination of a
specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at an intensity deemed appropriate.
Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and
elaborate procedures may be required.''

Alternative Methods of Compliance (AMOCs)

(g)(1) The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has
the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in
14 CFR 39.19.
(2) Before using any AMOC approved in accordance with § 39.19 on any airplane to which the
AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate
Holding District Office.

Related Information

(h) Brazilian airworthiness directive 2005-10-03, effective November 3, 2005, also addresses the
subject of this AD.

Material Incorporated by Reference

(i) You must use EMBRAER Service Bulletin 120-55-0015, dated January 14, 2005, to perform
the actions that are required by this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER),
P.O. Box 343–CEP 12.225, Sao Jose dos Campos–SP, Brazil, for a copy of this service information.
You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400
Seventh Street, SW., Room PL-401, Nassif Building, Washington, DC; on the Internet at
http://dms.dot.gov; or at the National Archives and Records Administration (NARA). For information
on the availability of this material at the NARA, call (202) 741-6030, or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Issued in Renton, Washington, on March 24, 2006.

Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 06-3198 Filed 4-6-06; 8:45 am]
BILLING CODE 4910-13-P